Indirect effect

  • Created by: Hope
  • Created on: 04-05-16 21:57
What is indirect effect also known as?
Harmonious interpretation
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Who developed it?
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What does the doctrine do?
Requires national law to be interpreted in the light of directives
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Which case does it come from?
Von Colson
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Which treaty article features it?
Art 4(3) TEU
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Which case shows that an individual doesn't have to show loss/harm?
Gunter Fuss v Stadt Halle
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Does indirect effect require the same provisions as direct effect?
No, thanks to Von Colson
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Which case illustrated that national courts had the responsibility to ensure the full effectiveness of EU Law?
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Which case illustrates that courts must, if necessary, disapply national law if it contradicts community law?
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Which case shows limits to this principle?
Wagner Miret
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According to Wagner Miret, what must the national court presume?
The national courts must presume that the state intended to comply with EU law
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What happens if the national law cannot be interpreted in such a way?
The remedy is to sue the state for damages under Francovich
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Is this useful for individuals?
No, it's a long and expensive process, so only big companies really use it
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Which is another example of the court acting contra legem?
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Can you use directives to determine criminal liability?
No, Italy tried it against Burlesconi and it didn't work
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When do directives become binding?
Courts have a positive duty to interpret legislation in line with directive after implementation, and a negative duty not to interpret anything against the directive after it is in force
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